Published: Monday, May 20, 2013 at 12:06 p.m.

Last Modified: Monday, May 20, 2013 at 6:19 p.m.

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Following a four-hour-long amotion hearing Monday afternoon, the commissioners voted to remove Berger from the five-member board. The vote was 3-2, with Berger and Commissioner Jonathan Barfield dissenting.

This is the first time an amotion has been successfully used to remove a North Carolina elected official in nearly a century, making the Berger case the new precedent for the state.

The amotion hearing was approved by Berger’s fellow commissioners in April after calls for his resignation went nowhere. Monday’s hearing took place immediately following the commissioners’ regularly scheduled board meeting at the county’s Historic Courthouse.

Board members said they feared for the county staff’s safety, as well as their own, after Berger had a public run-in in March with Gov. Pat McCrory and his security team to hand out documents that threatened county staff members and accused both current and former officials of illegal activity.

“I have been in the office and I have seen senior staff ladies cry.... There is no way I would allow this type of behavior to go on at the corporate level. It’s just not right,” Commissioner Tom Wolfe said. “But somehow we think it’s OK because someone is elected by the people to violate human dignity and rights.”

Barfield said that while he also did not feel Berger should continue to serve on the board, he was worried about the implication of supporting the quasi-judicial amotion process.

“This puts too much power into the hands of the board. My question is who’s next?” Barfield said. “If you’re not the right political party, if you’re not the right color of skin? ... Those questions are very real.”

Berger’s lawyer, Christopher Anglin of Raleigh, also focused on the questions surrounding the amotion process. He told the board that he was making objections throughout the hearing to help build his case for a future appeal to Superior Court.

Berger’s fellow commissioners used antagonizing text messages between Berger and staff, emails that deride staff, proof of Berger’s poor attendance record, and Berger’s multiple run-ins with law enforcement as evidence during the hearing.

Anglin primarily used his time to dispute the county’s evidence. He did not bring forth any new evidence, stating that it was not his job to prove that Berger is fit for office; it was the county’s responsibility to prove he was unfit.

Despite turning in a list of 20 potential witnesses Friday, Anglin called just two of them to the stand – Sheila Schult, the clerk to the board, and Berger supporter Carolyn Bordeaux.

Bordeaux was questioned about her personal relationship with Berger. She said she had never felt threatened in any way by Berger.

Anglin also asked her if she was aware that Berger had been diagnosed as autistic, and she said yes. No further mention was made by Anglin or Berger surrounding this diagnosis.

Berger did not take the stand during the hearing but did choose to speak to the other commissioners right before the vote.

He took issue with all of the county’s evidence, calling it “extremely dishonest.” But Berger didn’t offer proof of this assertion when asked by his fellow commissioners.

Berger’s removal from the board was effective immediately following the majority vote. Berger and his lawyer now have 30 days to appeal his removal, which Anglin said they intend to do.

The rules approved by the board state that the board cannot move forward with appointing a new commissioner to fill Berger’s seat until after this 30-day period.

<p>In a history-making move, <a href="http://www.starnewsonline.com/section/topic9976"><b>Brian Berger</b></a> has been removed from the New Hanover County Board of Commissioners.</p><p>Following a four-hour-long amotion hearing Monday afternoon, the commissioners voted to remove Berger from the five-member board. The vote was 3-2, with Berger and Commissioner Jonathan Barfield dissenting.</p><p>This is the first time an amotion has been successfully used to remove a North Carolina elected official in nearly a century, making the Berger case the new precedent for the state.</p><p>The amotion hearing was approved by Berger's fellow commissioners in April after calls for his resignation went nowhere. Monday's hearing took place immediately following the commissioners' regularly scheduled board meeting at the county's Historic Courthouse.</p><p>Board members said they feared for the county staff's safety, as well as their own, after Berger had a public run-in in March with Gov. Pat McCrory and his security team to hand out documents that threatened county staff members and accused both current and former officials of illegal activity.</p><p>“I have been in the office and I have seen senior staff ladies cry.... There is no way I would allow this type of behavior to go on at the corporate level. It's just not right,” Commissioner Tom Wolfe said. “But somehow we think it's OK because someone is elected by the people to violate human dignity and rights.”</p><p>Barfield said that while he also did not feel Berger should continue to serve on the board, he was worried about the implication of supporting the quasi-judicial amotion process.</p><p>“This puts too much power into the hands of the board. My question is who's next?” Barfield said. “If you're not the right political party, if you're not the right color of skin? ... Those questions are very real.”</p><p>Berger's lawyer, Christopher Anglin of Raleigh, also focused on the questions surrounding the amotion process. He told the board that he was making objections throughout the hearing to help build his case for a future appeal to Superior Court. </p><p>Berger's fellow commissioners used antagonizing text messages between Berger and staff, emails that deride staff, proof of Berger's poor attendance record, and Berger's multiple run-ins with law enforcement as evidence during the hearing.</p><p>Anglin primarily used his time to dispute the county's evidence. He did not bring forth any new evidence, stating that it was not his job to prove that Berger is fit for office; it was the county's responsibility to prove he was unfit.</p><p>Despite turning in a list of 20 potential witnesses Friday, Anglin called just two of them to the stand – Sheila Schult, the clerk to the board, and Berger supporter Carolyn Bordeaux. </p><p>Bordeaux was questioned about her personal relationship with Berger. She said she had never felt threatened in any way by Berger.</p><p>Anglin also asked her if she was aware that Berger had been diagnosed as autistic, and she said yes. No further mention was made by Anglin or Berger surrounding this diagnosis.</p><p>Berger did not take the stand during the hearing but did choose to speak to the other commissioners right before the vote.</p><p>He took issue with all of the county's evidence, calling it “extremely dishonest.” But Berger didn't offer proof of this assertion when asked by his fellow commissioners.</p><p>Berger's removal from the board was effective immediately following the majority vote. Berger and his lawyer now have 30 days to appeal his removal, which Anglin said they intend to do.</p><p>The rules approved by the board state that the board cannot move forward with appointing a new commissioner to fill Berger's seat until after this 30-day period.</p><p>Ashley Withers: 343-2223</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @AshleyWithers</p>